Florida’s HB 1389, the DeSantis-backed law changing affordable housing rules for thousands of families

Florida’s new affordable-housing law changes how some residential projects can be planned and approved, while limiting the ability of counties and municipalities to impose additional restrictions.

Governor Ron DeSantis signed HB 1389, officially titled Affordable Housing, on June 26. The law took effect on July 1 and requires certain local governments to authorize multifamily and mixed-use residential uses on land that could previously have been reserved for commercial or industrial activity, provided the projects meet the conditions set by the legislation.

The measure also addresses groups of commonly owned or controlled parcels. Certain projects cannot exclude parcels separated by no more than 15 feet, or 4.57 meters, when only public pedestrian access lies between them. That provision remains in effect until July 1, 2030.

HB 1389 places new limits on local height rules. In general, a county cannot set a maximum height for a covered project below the highest height currently allowed for a commercial or residential building within one mile, or 1.61 kilometers, of the development.

The law includes specific exceptions. Restrictions may still apply to projects next to single-family residential parcels in certain developments with at least 25 adjoining homes. The legislation also lists areas excluded from its broader provisions, including certain sites near airports, within noise zones, or affected by maximum-height limits.